04-0421 ORDINANCE 04- 0~
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AN ORDINANCE OF THE CITY OF
BOYNTON BEACH, FLORIDA;
AMENDING CHAPTER 2.
ADMINISTRATION, ARTICLE 5. CODE
COMPLIANCE BOARD, SECTIONS 2-84
THROUGH 2-90, PROVIDING FOR
CLARIFICATION AND SETTING
PROCEDURES REGARDING LIEN
REDUCTIONS FOR CODE BOARD
ORDERS; PROVIDING FOR
CONFLICTS, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, staff has recommended that Chapter 2. Administration, Article 5 of the
Code of Ordinances of the City of Boynton Beach, should be amended in order to lend
:larification to the Code Compliance Board Lien Reduction process; and
WHEREAS, the City Commission deems it to be in the best interests of the
:ommunity and the residents of the City of Boynton Beach to amend Section 2-84 through
Cection 2-90 of the Code of Ordinances to reflect the recommendations of staff, and provide
clarification regarding the procedures for the lien reduction of Code Compliance Board
)rders;
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
3oynton Beach, Florida, as follows:
CECTION 1. That Chapter 2. Administration, Article 5. Code Compliance Board, is
~ereby amended by adding the words and figures in underlined type, and by deleting the
vords and figures in struck-through type, as follows:
eec. 2-84. Lien reduction procedure.
The lien reduction procedure is applicable to a lien wl:ichlien, which is in effect
;ubsequent to the issuance of an affidavit of noncompliance, pursuant to section 2-79.
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Sec. 2-85. Criteria for lien reduction.
The following criteria must be complied with prior to a lien reduction heating before the
eCode eCompliance bBoard:
(1)
The property in question must be in total code compliance and an affidavit of
compliance must be issued for the code enfercement Compliance case that is
being appealed.
(2)
The subject property must be free of all outstanding debts (including taxes)
due the city.
(4)(3) An application fee of two hundred dollars ($200.00) must be included for the
application to be processed.
Sec. 2-86. Application for lien reduction.
........ a ......... Code Compliance Administrator or his designee shall provide the
application for a lien reduction hearing. The application will be included with the affidavit of
compliance issued by the e_Code enl~r,,zement a'dminJstrator Compliance Division. A
complete application must accompany each lien reduction request that is to be heard before
the toBoard.
Sec. 2-87. Application fee for lien reduction.
A fee of two hundred dollars ($200.00) shall accompany the initial reduction application
with a fee of fifty dollars ($50.00) for each additional lien ,*~ .... ': ...... ~:~',~'~-,' recorded
against tile property
-- I .................................... VV .......... If all criteria for lien
reduction are not met under section 2-85, the applicant shall be reimbursed one-half the
amount of the application fee. If after it has been determined that the criteria under section 2-
85 have not been complied with and the application returned to the applicant, a new
application and fee must be submitted for a lien reduction hearing.
Sec. 2-88. Lien reduction procedure.
A party requesting a lien reduction must submit a complete lien reduction application to
the eCode enforcement Compliance (!i;'isi'cn Division of the 5uil~ing Police
Department upon receiving verification that all conditions are complied with as stated in
~e~'tit~n ')_~5~,;th;~ d~;.-t~, t~t~'~ ,4 ...... f ,~ .......... ~A, ~,,~ Ac ~ .... m,4 .... :, AC compliance. The
cocle Code ' 'c~Me~m3~,~Compliance Aadministrator or designee will process the application
and determine that all required criteria have been complied with under city ordinance, section
2-85. If the applicant does not qualify for a hearing under section 2-85, the party will be
notified in writing of the reasons and refunded one-half of the application feefees. If the
reduction application is complete, the case will be placed a
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"'"~'~'~"~'-~ on the next available ..... ~ Code ...... ': ...... pli
..................... v ....... Com ance b',yard Board Lien
Reduction A~enda agemta. The appealing party will be notified in writing of the scheduled
date of the hearing at least five (5) days prior to the hearing date. n'r'e ~' ..... ; .... ~,,n r,~ ~,~f~ .,.
· ' rcgula: ..... : ..... ~' *'' ...... ~ ,. ..... ~, ....... A quorum must be present for the board to
hear a lien reduction and a majority of the entire board must vote in the affirmative for a lien
to be reduced or waived. The co~e Code eCompliance nforcemen'; aAdministrator shall
submit the board's appe~Lien Reduction Oorder to the city clerk, legal department and the
city manager. The code "enlbl:eemee~Compliance aAdministrator or his designee shall notify
the applicant in writing of the l~Board's appeaCLien Modification order within seven (7) days
following the entry of the order and of the date of the next eCity eC__ommission meeting when
the eCommission shall hear the t~Board's recommendation if required.,
Sec. 2-89. Conduct of hearing for lien modification.
The eC__ode eCompliance ~Board at a lien modification hearing shall make one of the
following determinations: The lien shall be waived in full, reduced to a specified amount or
shall be upheld in full. The l~B_B_oard shall hear all the facts regarding the specific code or
codes the appealing party was in violation of, the date of the original be'ar~ Board hearing,
the date the affidavit of noncompliance was issued, the date the affidavit of compliance was
issued, the current lien amount and all pertinent information relating to the specific case,
prior to the t~Board making its determination and order. The lien modification hearing shall
not be a hearing de novo of the original case.
Sec. 2-90. Final orders issued in lien modification hearings.
Final orders shall be issued in lien modification hearings in accordance with the following
procedure:
(1)
(2)
(3)
(4)
The Code Compliance Board shall issue its order in lien modification hearings
in writing in a form approved by the City Attorney. Immediately following
rendition of lien modification order, the City Clerk shall furnish a copy of the
order along with minutes of the Code Compliance Board's meeting to the City
Commission.
Lien modification order issued by the Code Compliance Board shall be final
unless a City Commissioner or an aggrieved party takes exception to the final
order within seven days of rendition of the order.
A City Commission or an aggrieved party may request a review of a Code
Compliance Board's order by notifying the City Manager or his/her designee
of the intent to do so. If review of a Code Compliance Board's order is
requested, the City Commission shall review the order of the Board within
thirty (30) days of the request for review. On review, the City Commission
may hear the position of the property owner, a Code Compliance Board
representative, or may rely upon the minutes of the Code Compliance Board
proceeding regarding the propriety of the lien modification.
The City Commission shall make one of the following rulings:
Affirm the Code Compliance Board's final Board order in full.
0 ...... u'e '"~ r,,,.-~ r-.-.~,: ...... E ...... v,. c:~a~ o~de., in full.
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Modify the Code Compliance Board's final order.
(5)
The Commission shall direct the administration to take action consistent with
the acceptance, rejection, or modification of the Code Compliance Board
order.
(6)
The property owner shall be advised that in the event the property owner does
not comply with the Code Compliance Board order, as approved or modified
by the City Commissi(m. within ninety (90) days oi' the Commission's action.
then the Code Compliance Board's Lien Reduction Order shall be of no
further force or effect, and the original lien shall remain on the property. No
extensions oi: tile ninety (90) day period shall be permitted, and ilo ftJrther
action bv the Code Compliance Board or the City Commission shall be
permitted regarding lien reduction.
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17 SECTION 2. Each and every other section of Chapter 2. Administration, Article 5.
18 Code Compliance Board, not herein specifically amended shall remain in full force and
19 effect.
20 SECTION 3. Should any section, provision, paragraph, sentence, clause of word of
21 this Ordinance or portion hereof be held or declared by any court of competent jurisdiction to be
22 unconstitutional or invalid, in part or application, it shall be considered as eliminated and shall
23 not affect the validity of the remaining portions or applications of this Ordinance.
24 SECTION 4. That all Ordinances or parts of Ordinances, Resolutions or parts thereof in
25 conflict herewith, be and the same are hereby repealed to the extent of such conflict.
26 SECTION 5. It is the intention of the City Commission of the City of Boynton Beach, that the
27 provisions of this Ordinance shall become and made a part of the Code of Ordinances of the
28 City of Boynton Beach, Florida, and that the Sections of this Ordinance may be renumbered, re-
29 lettered and the word "Ordinance" may be changed to "Section," "Article" or other word or
30 phrase in order to accomplish such intention.
1 SECTION 6. This Ordinance shall become effective immediately upon its passage and
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adoption.
FIRST READING this l~' day of ~
SECOND, FINAL READING AND PASSAGE this
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2004.
23 ATTEST:
26 lerk
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,2004.
day of ~~_,
CITY OF BOYNTON BEACH, FLORIDA
~ C_om/~ner~.., ~
Com ' i er <~
Comr~issi°ne~~